APPENDIX P: SCHOOL CONTRIBUTION DOCUMENTS
• “Estimated Ultimate School Population” Table
• “School Classification” Table
• Agreements Regarding the Receipt of Developer Subdivision Contributions and Indemnification
• Agreement Between Developer and County to Delay Payment of Cash Contributions
• Agreements Regarding the Receipt of Developer Subdivision Contributions and Indemnification in the Event of a Private Agreement for School Contributions
• Developer’s County Liability Waiver Agreement
• Legal Description of Property
• “Objection” Form
   ESTIMATED ULTIMATE SCHOOL POPULATION
 
Appendix P
Unit Type
Estimated Ultimate School Population per Dwelling Unit
Pre-School 4-5 Years
Elem/k-5 5-10 Years
Jr. High Gr. 6-8 11-13 Yrs
Total
Gr. k-8 5-13 Yrs
High School Gr. 9-12 14-17 Yrs
Adults 18+ Yrs
Total Per Dwelling Unit
   Detached House
2 Bedroom
0.113
0.136
0.048
0.148
0.020
1.700
2.017
3 Bedroom
0.292
0.369
0.173
0.542
0.184
1.881
2.899
4 Bedroom
0.416
0.530
0.298
0.828
0.360
2.158
3.764
5 Bedroom
0.283
0.345
0.248
0.593
0.300
2.594
3.770
   Attached House
1 Bedroom
0.000
0.000
0.000
0.000
0.000
1.193
1.193
2 Bedroom
0.064
0.088
0.048
0.136
0.038
1.752
1.990
3 Bedroom
0.212
0.234
0.058
0.292
0.059
1.829
2.392
4 Bedroom
0.323
0.322
0.154
0.476
0.173
2.173
3.145
   Multi-Dwelling Structure
Efficiency
0.000
0.000
0.000
0.000
0.000
1.294
1.294
1 Bedroom
0.000
0.002
0.001
0.003
0.001
1.754
1.758
2 Bedroom
0.047
0.086
0.042
0.128
0.046
1.693
1.914
3 Bedroom
0.052
0.234
0.123
0.357
0.118
2.526
3.053
 
   SCHOOL CLASSIFICATION
 
School Classification by School
Number of Students
Site Area (Acres)
Elementary School (grades k-5)
600
11
Junior High (grades 6-8)
900
29
High School (grades 9-12)
1,500
45
 
AGREEMENTS REGARDING THE RECEIPT OF DEVELOPER SUBDIVISION CONTRIBUTIONS AND INDEMNIFICATION
WHEREAS, Lake County, Illinois, on behalf of itself, its officers, employees and independent contractors (the “County”), through § 151.220 of its Unified Development Ordinance has required that developers make contributions to government bodies affected by the subdivision improvements; and
WHEREAS, such contributions may be in land or in money and, when transferred or paid over to those government bodies, inure in part to the benefit of those government bodies and not entirely to the direct benefit of the County; and
WHEREAS, from time to time within the County, and within other municipalities, disputes have arisen regarding the validity and amount of such contributions; and
WHEREAS, the County is willing, at its discretion, to continue seeking the contribution of land or money but wishes to procure a commitment from other government bodies benefitted by the receipt of such contributions that those government bodies will: (a) acknowledge that the requirement that such subdivision contributions be made are totally within the discretion of the County as to their existence, manner and amount; (b) pay the cost of defending any lawsuit that is filed challenging the appropriate amount of the contributions, the time at which they are to be made or any other aspect of the contributions; and (c) comply with the terms of a final and non-appealable judicial determination by a court of competent jurisdiction rendered in connection with the lawsuit; and
WHEREAS, the County is willing, in its discretion, to pay over or require contributions only to other government bodies that execute this Agreement annually.
NOW, THEREFORE, in consideration for the payment of money or the transfer of land to the                                               (“Benefitting Government”), which the County, from time to time, may within its discretion cause to be made by developers that are subdividing property, it is agreed between the County, on behalf of itself and its officers, employees and independent contractors, and the Benefitting Government as follows:
   1.   The Benefitting Government acknowledges that, except as otherwise provided in§ 151.220 of the Lake County Unified Development Ordinance, the County is not obligated to cause the payment of money or the transfer of land to the Benefitting Government. The Benefitting Government recognizes that the County may, at its sole discretion, amend its ordinances or its practices to discontinue the payment of subdivision contributions to the Benefitting Government.
   2.   Legal Representation and Costs:
      A.   In the event a lawsuit is filed against the County and/or the Benefitting Government by a developer that is subdividing property or any other person, corporation or entity that challenges the appropriateness, amount, timing or any other aspect of a subdivision contribution that, pursuant to the terms of § 151.220 of the Lake County Unified Development Ordinance has been paid or is due to the Benefitting Government, then the Benefitting Government does agree to pay the costs and litigation expenses (including reasonable attorneys’ fees) incurred by the County in defending such lawsuit. The costs and expenses shall be paid by the Benefitting Government when and as incurred by the County but in no event more than once a month. As a condition precedent to the payment of these costs and expenses, the County shall submit to the Benefitting Government copies of the original statements reflecting the costs and expenses, together with the non-privileged supporting documentation that may be reasonably requested by the Benefitting Government.
The County covenants and agrees that it shall employ competent and skilled legal counsel to represent the Benefitting Government and the County, and further covenants and agrees that it shall keep the Benefitting Government fully advised as to the progress and status of the litigation. In particular, the County shall provide to the Benefitting Government copies of all pleadings filed in the litigation and shall consult regularly (and shall cause its attorneys to consult regularly) with the Benefitting Government or its attorneys, as applicable, as to the strategy for defending the lawsuit. In no event may such litigation be compromised or settled by the County without at least 30 days’ prior written notice to the Benefitting Government.
      B.   In the event the Benefitting Government decides that it would prefer to be represented in the litigation by legal counsel of its own choosing, then the Benefitting Government shall be free to retain its own legal counsel for that purpose, to intervene in the litigation and to ask the County to terminate its representation of the Benefitting Government under Section 2 of this Agreement. The Benefitting Government shall notify the County in writing to that effect. In that event, this Agreement shall remain in full force and effect regarding all other provisions of this Agreement, and the Benefitting Government shall remain liable to the County for all sums that have accrued under this Agreement up until the date that such written notice is received and for all sums that remain due and owing from the Benefitting Government to the County relating to the defense of any lawsuit under the terms of this Agreement. Further, the County shall be permitted to continue to defend itself in such lawsuit and notwithstanding the Benefitting Government’s withdrawal from such representation, the Benefitting Government shall still indemnify the County for the County’s costs incurred in such defense.
   3.   The Benefitting Government shall further indemnify and hold harmless the County from any and all liability arising from § 151.220 of the Unified Development Ordinance of Lake, including but not limited to the general administration and handling of funds required by the County and/or the Benefitting Government.
   4.   In the event a final and non-appealable judicial determination is made by a court of competent jurisdiction that contributions of land or money received by the Benefitting Government are, in whole or in part, excessive, the Benefitting Government shall promptly repay those contributions to the person who procures such a judgment, together with all other amounts judged by the court to be owing from the Benefitting Government. In the event a judicial determination should require the payment of damages or payment of the attorneys’ fees of the plaintiff’s attorneys, the Benefitting Government shall pay all additional amounts.
   5.   In further consideration of the continued authorization by the County enabling the Benefitting Government to collect the subject contributions of land or money, the Benefitting Government agrees that its obligations under this Agreement shall extend to both past and future cash and land contributions.
   6.   On or before June 1 of each year, the Benefitting Government shall submit a report to the County describing the manner in which the payments have been used and provide any additional information the County may require. When that money turned over to the Benefitting Government is to be used for a specific purpose or within a specific time period, the report shall address those issues. If the Benefitting Government should fail to file such a report with the County, the County may require that any further payments made pursuant to § 151.220 of the Unified Development Ordinance of Lake County shall be made to the County and shall delay the payment and distribution of any additional funds due the Benefitting Government until such time as a full report containing adequate information is transmitted to the County. The Benefitting Government understands that it will be asked to execute an indemnity agreement similar to this agreement on an annual basis and that the County shall not pay or cause to be paid any additional funds due to the Benefitting Government until such time as the County is in receipt of such annually executed indemnity agreement.
   7.   This Agreement shall be terminable by either party for any reason or no reason at all upon 30 days’ prior written notice to the other party evidencing the intention to so terminate this Agreement. But the termination of this Agreement shall not affect the continuing obligation of the Benefitting Government or the County with regard to claims or damages allegedly arising out of the County’s efforts prior to termination to impose, collect or distribute contributions, or to the actual distribution of subdivision contributions.
DATED this             day of                         , 20    .
Lake County                           The Benefitting Government
                                                                                                                  
Lake County Board Chairman                     Title:                                          
(SEAL)                                  (SEAL)
ATTEST:                              ATTEST:
                                                                                                                  
Lake County Clerk                              Secretary
AGREEMENT BETWEEN DEVELOPER AND COUNTY TO DELAY PAYMENT OF CASH CONTRIBUTIONS
This agreement (“Agreement”) is entered into between Lake County (the “County”) and                             , (“Developer”).
WHEREAS, the County has approved a final plat of subdivision or a final plat of a planned development at the request of Developer for the real estate legally described in Appendix       .1 attached hereto and made a part hereof (the “Land”). Accordingly, pursuant to § 151.220 of the Unified Development Ordinance of Lake County (“Ordinance”), certain cash contributions for school lands are immediately due the County (or affected school districts )from the Developer; and
WHEREAS, Developer has, however, requested that the payment of the aforesaid cash contributions be delayed and that the same become due and payable on a per dwelling unit basis at the time the County issues a building permit for the particular dwelling unit.
NOW, THEREFORE, in consideration for the County agreeing to delay the collection of the cash contributions, Developer hereby agrees as follows:
   1.   The amount of cash contributions owed shall be calculated based upon the Ordinance, or as provided for in such other future ordinance amending or replacing the Ordinance, which is in effect at the time of the issuance of a building permit; and
   2.   Notwithstanding any present or future law, regulation and/or legal precedent to the contrary, the unit of local government that is the ultimate recipient of the subject cash contributions may expend such contributions for any of the following purposes intended to serve immediate or future needs of the residents and children of the Developer’s subdivision or planned development: (a) for the acquisition of land; (b) for site improvements such as, by way of example, streets, curbs, gutters, stormwater control, and utility extensions; (c) for construction of capital facilities, including, by way of example, new buildings and structures, and the expansion or enhancement of existing buildings and structures; and (d) for so-called soft costs directly related to the foregoing items (b) or (c) such as architectural and engineering costs.
   3.   Developer has reviewed the Ordinance regarding the dedication of school sites or cash contributions in lieu thereof, as well as all of the methodology, formulae, calculations, projections, assumptions, numbers and other factors used to arrive at the land dedication requirements or cash contributions in lieu thereof that are the subject of this Agreement (hereinafter referred to as the “Ordinance and Attendant Calculations”) and hereby acknowledges and agrees that:
      (a)   Pursuant to the terms of the Ordinance, Developer has been offered the opportunity to raise in a hearing before the County, any objections relating to acreage requirements, presumptions as to fair market value, the Density Formula, or any other application of the Ordinance; Developer has not raised such objections; Developer has thereby waived the right to assert those objections;
      (b)   Developer hereby waives any future right to object to or to institute any legal action regarding the Ordinance and Attendant Calculations; and
      (c)   Developer hereby acknowledges that the Ordinance and Attendant Calculations have been properly passed, calculated, and imposed.
   4.   This Agreement constitutes a covenant that is appurtenant to and runs with the land. Either this Agreement or a memorandum thereof may be recorded against legal title to the land by either party hereto; provided, however, it shall be a condition of the County’s issuance of the first building permit for a dwelling unit on the land that Developer shall provide satisfactory evidence to the County that this Agreement or a memorandum thereof has been recorded against legal title to the land.
   5.   Developer represents and warrants to the County that it is the sole holder of record fee title to the Land.
IN WITNESS WHEREOF, the County and the Developer have caused this Agreement to be duly authorized, executed and entered into as of the                         day of                                 , 20    .
                                                                                                            
Lake County Board Chairman                Developer
                                                 
Lake County Clerk
AGREEMENTS REGARDING THE RECEIPT OF DEVELOPER SUBDIVISION CONTRIBUTIONS AND INDEMNIFICATION, IN THE EVENT OF A PRIVATE AGREEMENT
   WHEREAS, Lake County, Illinois, on behalf of itself, its officers, employees and independent contractors (the “County”), through § 151.220 of its Unified Development Ordinance has required that developers make contributions to government bodies affected by the subdivision improvements; and
   WHEREAS, those government bodies may instead elect to execute a private agreement with developers regarding the contribution of land or money; and
   WHEREAS, from time to time within the County, and within other municipalities, disputes have arisen regarding the validity and amount of such contributions; and
   WHEREAS, the County is willing to permit private agreements between government bodies and developers for the contribution of school land or money but wishes to procure a commitment from such other governmental bodies benefitted by the receipt of such contributions that those government bodies will: (a) acknowledge that the requirement by the County of proof of payment for such contributions to such governmental bodies is totally within the discretion of the County; (b) acknowledge that the requirement by the County of proof of payment for such contributions to such governmental bodies does not render the County a party to such private agreements and does not render the County responsible or liable for the terms of such private agreements for any reason, including but not limited to the extent that such private agreements provide for contributions beyond what is authorized by the contribution requirements of § 151.220 of the Lake County Unified Development Ordinance; (c) pay the cost of defending any lawsuit that is filed against the County challenging the appropriate amount of the contributions, the time at which they are to be made, the withholding of County building permits in the absence of proof of payment for such contributions, or any other aspect of the contributions; and (d) comply with the terms of a final and non-appealable judicial determination by a court of competent jurisdiction rendered in connection with the lawsuit; and
NOW, THEREFORE, in consideration for the payment of money or the transfer of land to the                                                   (“Benefitting Government”), which the County has authorized to be effectuated via private agreement in accordance with the Lake County Unified Development Ordinance, it is agreed between the County, on behalf of itself and its officers, employees and independent contractors, and the Benefitting Government as follows:
   1.   Legal Representation and Costs:
      A.   In the event a lawsuit is filed against the County and/or the Benefitting Government by a developer that is subdividing property or any other person, corporation, or entity that challenges the appropriateness, amount, timing, the withholding of County building permits in the absence of proof of payment of private school contributions by the developer, or any other aspect of a subdivision contribution that, pursuant to a private agreement between the Benefitting Government and the developer, has been paid or is due to the Benefitting Government, then the Benefitting Government does agree to pay the costs and litigation expenses (including reasonable attorneys’ fees) incurred by the County in defending such lawsuit. The costs and expenses shall be paid by the Benefitting Government when and as incurred by the County but in no event more than once a month. As a condition precedent to the payment of these costs and expenses, the County shall submit to the Benefitting Government copies of the original statements reflecting the costs and expenses, together with the non-privileged supporting documentation that may be reasonably requested by the Benefitting Government.
      B.   The County covenants and agrees that it shall employ competent and skilled legal counsel to represent the Benefitting Government and the County, and further covenants and agrees that it shall keep the Benefitting Government fully advised as to the progress and status of the litigation. In particular, the County shall provide to the Benefitting Government copies of all pleadings filed in the litigation and shall consult regularly (and shall cause its attorneys to consult regularly) with the Benefitting Government or its attorneys, as applicable, as to the strategy for defending the lawsuit. In no event may such litigation be compromised or settled by the County without at least 30 days’ prior written notice to the Benefitting Government.
      C.   In the event the Benefitting Government decides that it would prefer to be represented in the litigation by legal counsel of its own choosing, then the Benefitting Government shall be free to retain its own legal counsel for that purpose, to intervene in the litigation and to ask the County to terminate its representation of the Benefitting Government under Section 2 of this Agreement. The Benefitting Government shall notify the County in writing to that effect. In that event, this Agreement shall remain in full force and effect regarding all other provisions of this Agreement, and the Benefitting Government shall remain liable to the County for all sums that have accrued under this Agreement up until the date that such written notice is received and for all sums that remain due and owing from the Benefitting Government to the County relating to the defense of any lawsuit under the terms of this Agreement. Further, the County shall be permitted to continue to defend itself in such lawsuit and notwithstanding the Benefitting Government’s withdrawal from such representation, the Benefitting Government shall still indemnify the County for the County’s costs incurred in such defense.
   2.   The Benefitting Government shall indemnify and hold harmless the County from any and all liability arising from the County’s withholding of building permits in the absence of proof of payment by the developer of contributions pursuant to the terms of a private agreement reached between the Benefitting Government and the developer.
   3.   In the event a judicial determination should require the payment of damages or payment of the attorneys’ fees of the plaintiff’s attorneys, the Benefitting Government shall pay all additional amounts.
   4.   In further consideration of the continued authorization by the County enabling the Benefitting Government to collect the subject contributions of land or money, the Benefitting Government agrees that its obligations under this Agreement shall extend to both past and future cash and land contributions.
   5.   The Benefitting Government understands that it will be asked to execute an indemnity agreement similar to this agreement on an annual basis, on or before June 1 of each subsequent year and that the County shall not exercise any rights it might have to withhold the issuance of building permits in the absence of proof of payment or to require proof of payment of contributions by a developer to the Benefitting Government.
   6.    This Agreement shall be terminable by either party for any reason or no reason at all upon 30 days’ prior written notice to the other party evidencing the intention to so terminate this Agreement. But the termination of this Agreement shall not affect the continuing obligation of the Benefitting Government or the County with regard to claims or damages allegedly arising out of the County’s efforts prior to termination to impose, collect or distribute contributions pursuant to private agreement, or to the actual distribution of subdivision contributions pursuant to private agreement.
   DATED this                 day of                   , 20    .
Lake County                         The Benefitting Government
                                                                                                               
Lake County Board Chair                                                                    
                                 Title:                                          
(SEAL)                               (SEAL)
ATTEST:                            ATTEST:
                                                                                                               
Lake County Clerk                         Secretary
DEVELOPER’S COUNTY LIABILITY WAIVER AGREEMENT
This agreement (“Agreement”) is entered into between Lake County (the “County”) and                                                   , (“Developer”).
   WHEREAS, the County has approved a final plat of subdivision or a final plat of a planned development at the request of Developer for the real estate legally described in Appendix     .1 attached hereto and made a part hereof (the “Land”); and
   WHEREAS, Developer, with [school district] on [date], has agreed to execute a private agreement for school contributions in lieu of an agreement pursuant to the requirements of the Lake County Unified Development Ordinance; and
   WHEREAS, pursuant to the terms of said private agreement between the Developer and affected school districts, certain cash contributions for school lands are due the affected school district from the Developer at either the time of final plat approval or at the time of building permit issuance.
   NOW, THEREFORE, in consideration for the County agreeing to permit a Developer to enter into a private agreement with affected school districts, Developer hereby agrees as follows:
   1.   Developer hereby acknowledges and agrees that:
      (a)   The County is not a party to said private agreement and is not responsible or liable for the terms of said private agreement for any reason, including but not limited to the extent that said private agreement provides for contributions beyond what is authorized by the contribution requirements of § 151.220 of the Lake County Unified Development Ordinance.
      (b)   Developer hereby waives any future right to object to or institute any legal action against the County regarding the County’s requirement, as a condition to issuance of a building permit or approval of the Final Plat, that the Developer provide the County with proof of payment of contributions to the affected school district in accordance with said private agreement.
   2.   This Agreement constitutes a covenant that is appurtenant to and runs with the land. Either this Agreement or a memorandum thereof may be recorded against legal title to the land by either party hereto; provided, however, it shall be a condition of the County’s issuance of the first building permit for a dwelling unit on the land that Developer shall provide satisfactory evidence to the County that this Agreement or a memorandum thereof has been recorded against legal title to the land.
   3.   Developer represents and warrants to the County that it is the sole holder of record fee title to the land.
   IN WITNESS WHEREOF, the County and the Developer have caused this Agreement to be duly authorized, executed and entered into as of the                 day of                               , 20      .
                                                                                                            
Lake County Board Chair                Developer
                                                 
Lake County Clerk
   Legal Description of Property
   OBJECTION FORM:
   OBJECTION TO THE LAKE COUNTY SCHOOL CONTRIBUTION CALCULATION
This form shall be completed by the developer or the affected school district(s) and submitted to the Lake County Department of Planning, Building and Development when filing an objection to Lake County’s School Contribution Calculation. Failure to submit this objection form within the specified time period shall operate as a concurrence with the School Contribution Calculations.
Site PIN     -      -     
Development/Subdivision Name:                                                                                                          
Developer Name:                                                                                                                                
Name of Primary Contact Person:                                                   Phone Number:                              
Email:                                                                                                                                              
Mailing Address:                                                                                                                                
Lake County School Contribution Calculations for this development include (circle one):
Land Contribution      Cash Contribution      Both Land and Cash Contribution
Detailed Description of Objection (please attach additional pages and/or documents as necessary)
 
                                                                                                         
Applicant Signature               Date
(Ord., Appendix P, passed 10-13-2009)